(1) Time for filing notice of appeal. In a civil case, except as provided
in paragraph (a)(4),
the notice of appeal required by Rule 3 must be filed with the clerk of district court within
60 days from service of notice of entry of the judgment or order being appealed.

(2) Multiple appeals. If one party timely files a notice of appeal, any
other party may file
a notice of appeal within 14 days after the date when the first notice was filed, or within the
time otherwise prescribed by this subdivision, whichever period ends later.

(3) Effect of motion on notice of appeal.

(A) If a party timely files with the clerk of district court any of the
following motions under
the North Dakota Rules of Civil Procedure, the full time to file an appeal runs for all parties
from service of notice of the entry of the order disposing of the last such remaining
motion:

(i) for judgment under Rule 50(b);

(ii) to amend or make additional factual findings under Rule 52(b),
whether or not granting
the motion would alter the judgment;

(iii) for attorney's fees under Rule 54;

(iv) to alter or amend the judgment under Rule 59;

(v) for a new trial under Rule 59; or

(vi) for relief under Rule 60 if the motion is served and filed no later
than 28 days after
notice of entry of judgment;

(B) (i) If a party files with the clerk of district court any motion listed
in subparagraph
(a)(3)(A) after a notice of appeal is filed, the party filing the motion must notify the supreme
court clerk in writing, and the court may remand the case to the district court for
disposition
ofto decide the motion. The supreme court retains jurisdiction on
remand unless it expressly
dismisses the appeal. If the supreme court remands and retains jurisdiction, the parties must
promptly notify the supreme court clerk when the district court has decided the motion on
remand.

(ii) A party intending to challenge an order disposing of any motion
listed in subparagraph
(a)(3)(A), or a judgment's alteration or amendment upon such a motion, must file a notice
of appeal, or an amended notice of appeal, in compliance with Rule 3(c), within the time
prescribed by this rule measured from the service of notice of the entry of the order disposing
of the last such remaining motion.

(iii) No additional fee is required to file an amended
notice.

(4) Motion for extension of time.

(A) The district court may extend the time to file a notice of appeal
if:

(i) a party so moves no later than 30 days after the time prescribed by
subdivision (a)
expires; and

(ii) that party shows excusable neglect or good cause.

(B) If a motion for extension of time is filed, notice must be given to
the other parties.

(C) No extension under paragraph (a)(4) may exceed 30 days after the
prescribed time.

(b) Appeal in criminal case.

(1) Time for filing notice of appeal.

(A) In a criminal case, a defendant's notice of appeal must be filed with
the clerk of district
court within 30 days after the entry of the judgment or order being appealed.

(B) If an appeal by the state is authorized by statute, the notice of
appeal must be filed with
the clerk of district court within 30 days after the entry of the judgment or order being
appealed.

(2) Filing before entry of judgment. A notice of appeal filed after the
district court
announces a decision, sentence, or order, but before the entry of the judgment or order, is
treated as filed on the date of and after the entry.

(3) Effect of motion on notice of appeal.

(A) If a defendant timely makes any of the following motions under the
North Dakota Rules
of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed
within 30 days after the entry of the order disposing of the last such remaining motion, or
within 30 days after the entry of the judgment of conviction, whichever period ends
later:

(i) for a new trial under Rule 33, but if based on newly discovered
evidence, only if the
motion is made no later than 30 days after the entry of the judgment;

(ii) for arrest of judgment under Rule 34.

(B) If the defendant files with the clerk of district court any motion
listed in subparagraph
(b)(3)(A) after a notice of appeal is filed, the defendant must notify the supreme court clerk
in writing, and the court may remand the case to the district court for disposition of the
motion.

(C) A notice of appeal filed after the district court announces a
decision, sentence, or order,
but before it disposes of any of the motions referred to in subparagraph (b)(3)(A), becomes
effective upon the later of the following:

(i) the entry of the order disposing of the last such remaining
motion;

(ii) the entry of the judgment of conviction.

(D) A valid notice of appeal is effective, without amendment, to appeal
from an order
disposing of any of the motions referred to in subparagraph (b)(3)(A).

(4) Motion for extension of time. Upon a finding of excusable neglect
or good cause, the
district court may -- before or after the time has expired, with or without motion and notice --
extend the time to file a notice of appeal for a period not to exceed 30 days from the
expiration of the time otherwise prescribed by this subdivision.

(5) Jurisdiction. The filing of a notice of appeal under this subdivision
does not divest a
district court of jurisdiction to correct a sentence under Rule 35(a), nor does the filing of a
motion under Rule 35(a) affect the validity of a notice of appeal filed before entry of the
order disposing of the motion. The filing of a motion under N.D.R.Crim.P. 35(a) does not
suspend the time for filing a notice of appeal from a judgment of conviction.

(6) Entry defined. A judgment or order is entered for purposes of this
subdivision when it
is entered on the criminal docket.

(c) Appeal in Contempt Case. A notice of appeal must be filed with the
clerk of district
court within 60 days after entry of the judgment or order being appealed. Upon a finding of
excusable neglect or for good cause, the district court may, before or after the time has
expired, with or without motion and notice, extend the time for filing a notice of appeal for
a period not to exceed 30 days from the expiration of the time otherwise prescribed by this
subdivision.

(d) Appeal in post-conviction proceeding. A notice of appeal must be
filed with the clerk
of district court within 60 days of service of notice of entry of the judgment or order being
appealed. Upon a finding of excusable neglect or good cause, the district court may, before
or after the time has expired, with or without motion and notice, extend the time for filing
a notice of appeal for a period not to exceed 30 days from the expiration of the time
otherwise prescribed by this subdivision.

(e) Appeal in Proceeding Under Uniform Juvenile Court Act. A notice
of appeal must be
filed with the clerk of district court within 30 days of service of notice of entry of the
judgment, order or decree being appealed. Upon a finding of excusable neglect or good
cause, the supreme court may, before or after the time has expired, with or without motion
and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days
from the expiration of the time otherwise prescribed by this subdivision.

(f) Mistaken filing in supreme court. If a notice of appeal in either a
civil or a criminal case
is mistakenly filed in the supreme court, the supreme court clerk must note on the notice the
date when it was received and send it to the clerk of district court. The notice is then
considered filed in the district court on the date so noted.

EXPLANATORY NOTE

Rule 4 was amended, effective March 1, 1986; March 1, 1994; March
1, 1997; March 1,
1998; March 1, 1999; August 1, 2001; March 1, 2003; March 1, 2007; March 1, 2008:
March
1, 2011; ___________.

The time for civil appeals runs from "service of notice of entry" of the
order or judgment.
However, service of notice of entry of judgment is not necessary to start the time running for
filing a post-judgment motion or appeal if the record clearly evidences actual knowledge of
entry of judgment by the affirmative action of the moving or appealing party. See
N.D.R.Civ.P. 58(b).

The responsibility under subdivision (a) is shifted to counsel to serve
the notice and
commence the period for appeal. This differs from the federal rule, which provides the time
for appeal is to run from "the date of entry."

The time limit for taking an appeal does not prevent the taking of an
appeal at any time after
the entry of the judgment or order and before service of notice of entry.

Subdivision (a) was amended, effective March 1, 1999, to provide the
30 day extension for
excusable neglect is to be added to the time for appeal provided by the statute or rule setting
the time for appeal. A party seeking an extension of time to appeal should file a notice of
appeal with the motion for extension.

SubdivisionSubparagraph
(a)(3)(A)(vi) was amended, effective March 1, 2011, to increase
the time to file a Rule 60 motion from 15 to 28 days after notice of entry of
judgment.

Subparagraph (a)(3)(B) was
amended, effective____________, to provide that the supreme
court retains jurisdiction when remanding a case to the district court to decide a motion
unless the supreme court expressly dismisses the appeal.

SubdivisionSubparagraph (a)(3)(B)(ii) was amended, effective March 1, 2011, to track the
2009 amendments to Fed.R.App.P. 4. The amendment changed the phrase "judgment altered
or amended" to "judgment's alteration or amendment."

Subdivision (b) was amended, effective
March 1, 2003, to increase the time for a criminal
defendant to appeal from 10 days to 30 days.

Subdivision (b) was amended, effective
March 1, 2008, to clarify that the time for appeal
continues to run even if a motion to correct a sentence under N.D.R.Crim.P. 35 is
filed.

Subdivision (d) was adopted, effective
August 1, 2001, to provide a time for appeal in a
post-conviction proceeding.

Subdivision (e) was adopted, effective
March 1, 2007, to clarify the time for appeal in a
proceeding under the Uniform Juvenile Court Act. Requests for extension of time in juvenile
cases must be directed to the supreme court.

Subdivision (f) was adopted, effective
March 1, 2003, to provide a procedure to be used
when a notice of appeal is mistakenly filed in the supreme court.

Rule 4 was amended, effective March 1,
2003, in response to the December 1, 1998,
amendments to Fed.R.App.P. 4. The language and organization of the rule were changed to
make the rule more easily understood and to make style and terminology consistent
throughout the rules.